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CARL MURPHY vs. WESTROCK COMPANY

Workers' Compensation Court of the State of Montana

Dispute whether injury has medically determined physical restrictions

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 2
WCC No. 2016-3787. CARL MURPHY vs. WESTROCK COMPANY.

Summary: Respondent moves for summary judgment on Petitioner’s PPD and rehabilitation claims on the following grounds: its independent medical examiner, a medical doctor, opined that Petitioner has no medically determined physical restrictions as a result of his injury; and Petitioner’s chiropractor, although offering a contrary opinion, may not create an issue of material fact because, under the 1991 statute, a chiropractor can provide neither the required “medically determined” physical restriction nor “physician’s” certification. Therefore, Respondent contends it is entitled to judgment as a matter of law on Petitioner’s claims.

Held: Although Petitioner’s chiropractor offered an opinion contrary to Respondent’s medical doctor, he may not create an issue of material fact because, under the 1991 statute, a chiropractor can provide neither the required “medically determined” physical restriction nor “physician’s” certification. Therefore, Respondent is entitled to judgment as a matter of law on Petitioner’s claims for PPD and rehabilitation benefits.

Judgement: WestRock’s Motion for Summary Judgment is granted. WestRock’s Motion for Protective Order and Motion in Limine, and Murphy’s Motion to Compel are denied as moot.

APPEALED TO MONTANA SUPREME COURT – MARCH 21, 2017

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/m/Murphy_2017MTWCC2.pdf